How Can You Convert an EB-3 Visa into a Green Card?

Immigration Law Firm in Dallas

Your EB-3 visa allows you to work in the US for 10 years without interruption, but not as a permanent resident. To receive permanent resident status, or to get a green card, you need your employer’s sponsorship. You might also consider getting a marriage green card if your spouse is a U.S. citizen or green cardholder. Our Immigration Law Firm in Dallas can guide you through the process!

Working with an Immigration Law Firm in Dallas: Defining EB-3

The letters and numeral “EB-3” mean that this visa is a third preference “employment-based” endorsement for skilled workers, professional works, and unskilled workers who wish to obtain permanent employment. 

The job cannot be temporary or seasonal in nature. While the requirements for getting the visa are less restrictive, you’ll have a longer wait than when getting other endorsements, such as the EB-1 or EB-2 visas. That is why you’ll need to align yourself with an immigration law firm in Dallas. Doing so will help you in your quest in finding employment and submitting the proper paperwork.

Just about anyone from another country, who gets a U.S. based job, is eligible for an EB-3 visa. While the intent of the EB-3 card is not for permanent residency, you can still obtain a U.S. green card or permanent legal residence status using this form of immigrant entry. Before you apply for an EB-3 visa, you must already have a job in place in the U.S. or permanent full-time employment.

Your employer must agree to complete a labor certificate for you for EB-3 processing. The certification shows that the employer recruits for the job in accordance with the laws that the U.S. Immigration service provides. They must show that they cannot find U.S. workers who wish to take the assignment and therefore are forced to look outside the U.S. for employees.

When you apply for an EB-3 visa, you can also take your immediate family (spouse and children under 21 years old) with you. They can also apply for a green card once you have your visa and are working.

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Yearly Limits on EB-3 Visas

You’ll need the services of an immigration law firm in Dallas to find out how the yearly limits on getting an EB-3 visa may affect your prospects of permanent residency. That’s because EB-3 applicants are often placed on a waiting list based on the date of filing (called the priority date). To learn more about the wait, you can refer to the U.S. Department of State’s Visa Bulletin.

Some waits can last as long as two years, so you have to be patient in this respect. However, the wait can also make it difficult for your employer to keep your job available. In this case, you may have to apply for a visa, such as an H-1B.

According to the U.S. Department of Labor (DOL), an H-1B visa is used when employers wish to employ nonimmigrant aliens as workers in specialty jobs – occupations where the applicant must have a highly specialized skill and has received at least a bachelor’s degree or the equivalent. 

If an employer is unable to hire U.S. workers of this caliber, they’ll turn to the skills and abilities of temporary workers who, otherwise, are not authorized to work in the U.S.

As you can see, working in the U.S. and getting a green card needs the backing and support of an immigration law firm in Dallas. You will also need help from a legal advisor when you apply for your EB-3 visa.

Getting an EB-3 Visa

To apply for an EB-3 visa, you first need to find an employer who agrees to hire and sponsor you for work. You employer must also determine whether what they are paying meets with the wages paid in the local job market. 

They can do this by filing a prevailing wage request or PWR with the Department of Labor or DOL. This is done using Form 9141. The DOL, in turn, responds by sending a prevailing wage determination statement or PWD.

If your employer advertises for a job and holds interviews but cannot find a U.S. worker to do the work, they’ll complete a request for labor certification, giving the Department of Labor (DOL) your info. If the DOL determines that the employer must go outside the U.S. to seek workers, you can continue with your EB-3 visa/green card processing.

Your employer next submits a petition to the United States Citizenship and Immigration Services (USCIS) agency using Form I-140. When the priority date ( based on the I-140’s filing date) is current, you can go ahead and submit an application for the EB-3 visa if you’re traveling from overseas. 

If you’re already in the U.S., you can adjust your immigration status and deal totally with the USCIS. An adjustment of status or AOS represents a process where a foreign-born individual in the U.S. can change their current immigration status to one of legal permanent resident or green card holder. 

The AOS process follows the guidelines that the Immigration and Nationality Act sets forth. Therefore, you need to work closely with an immigration lawyer to determine your eligibility and to go through the proper channels for processing. 

After submitting an application, you’ll attend an interview, either at the U.S. consulate office in your country or at the USCIS office near the location where you presently reside.

All the steps you must take to get an EB-3 card and submit an application for a green card can take a couple of years. 

Who to Contact in Dallas about Getting an EB-3 Visa and Applying for Permanent Residence

Learn more about the EB-3 visa/green card program by contacting a competent legal advisor. In Dallas, give the Rijal Law Firm a call today. You can contact this top immigration law firm in Dallas at 1-885-997-4525 right away.

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